The term “fake news” is being used more and more in recent years, and it has left many people wondering how they’re supposed to distinguish between solid facts and news that someone just decided to make up.
But, the term is also being thrown around a lot nowadays and it may not exactly always be accurate.
Which is why the Protection from Online Falsehoods and Manipulation Act (POFMA) has kindly defined it for us.
A falsehood basically refers to a “statement of fact that is false or misleading”, and it does not include opinions, criticisms, satire or parody.
Ahem, Media Literacy Council. Take note.
POFMA Kicks In On 2 October 2019
After being passed in Parliament on 8 May 2019 following a marathon debate that lasted two days, POFMA has finally come into operation in Singapore on Wednesday, 2 October 2019.
This new law aims to prevent the spread of deliberate online falsehoods through electronic communication and take measures to counteract the effects of such communication.
Or, in simple language: prevent the spread of fake news.
However, there is just one teeny-tiny issue.
The government gets to decide and determine what is false, and what is not.
Ministers have the power to declare that an article has falsehoods and ask for corrections to be made to it, or also ask for the article to be taken down.
This has left many critics worried that the law could be used to curb free speech and that the government is given too much power in deciding what is true or false.
Ministers Will Be Able To Issue Directives
Under the law, any minister will be able to turn to the Infocomm Media Development Authority (IMDA) to issue directives whenever they spot a “falsehood”. These directives will be able to distinguish an individual person from platforms such as Google, Facebook and other media platforms.
The directives include:
Correction: The individual must put up a notice stating the falsehood communicated previously was false.
Stop communication: The individual must ensure that the falsehood communicated is no longer available on, or through, the internet to end-users in Singapore.
Targeted correction: Internet platforms that were used to communicate the falsehood are required to communicate a correction notice to all end-users who accessed such statement via that service.
Disabling: An internet service provider, such as Singtel or StarHub, whose service had been used to communicate the falsehood in Singapore, will be ordered to disable end-user access to that falsehood in Singapore.
General correction: Internet platforms and media organisations have to communicate a correction notice to its end-users via publication in their newspaper or broadcast, or via a telecommunications service.
Account restriction: Internet platforms must shut down any fake accounts and bots on their platforms.
Individuals Can Challenge A Minister’s Decision…For A Price
However, although it may seem like the government has too much power, that power can actually be challenged by anyone.
As long as they pay $200.
Individuals or organisations are able to appeal to the government if they want to challenge a minister’s decision regarding POFMA.
And don’t worry, the appeal process won’t be long and draggy – it’s supposed to be heard in court within as little as nine days.
Appeals can be made by writing, email or visiting www.pofmaoffice.gov.sg.
The minister would then have to decide to “vary or cancel” the direction within the next two working days.
Law and Home Affairs Minister K Shanmugam has assured that costs to appeal would be kept “very low”, and he said that there will be no court fees imposed for the first three days of hearing.
But after the first three days, the “usual rate” will be imposed.
“I have previously said that the process that will be in place, it will be fast. The process will be simplified to allow individuals to appear and present arguments on whether the statements made are true or false,” he said.
Mr Shanmugam added that a minster would be required to explain why a piece of content is false if he ordered for it to be taken down or for a correction to be put up.
During the debate on 7 May, he also addressed other concerns and said that the new law should not affect free speech.
Instead, it will only deal with falsehood, bots, trolls and fake accounts.
So yes, Goody Feed isn’t affected. The law doesn’t deal with idiots.
Here’s a simplified summary of the South Korea martial law that even a 5-year-old would understand:
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